By ROBERT GAVIN Staff writer

Published 9:17 am, Thursday, January 6, 2011

ALBANY -- A reputed Bloods gang member was convicted Wednesday of assaulting a state trooper last year during a wild scuffle that included pepper spray and a chase across six lanes of Interstate 90.

Hector Acevedo, 32, known as "Lex," also was found guilty of possession with intent to sell 299 bags of heroin with an estimated street value of $7,500.

After deliberating for more than 61/2 hours, the jury convicted Acevedo of second-degree assault, drug possession and resisting arrest. The verdict followed a three-day trial before Judge Thomas Breslin in Albany County Court.

Acevedo was arrested Nov. 19, 2009, after his traffic stop on I-90 turned into a near life-and-death situation, authorities said.

His vehicle was pulled over for an infraction at 10:12 p.m. at Exit 6, which leads to Arbor Hill and Loudonville. During the stop, Troopers Jeffrey Devine and Eric Terraferma smelled marijuana and suspected that drugs were in the vehicle.

Devine tried to tackle Acevedo on the exit ramp. Both men went over a guide rail and into brush, where Acevedo fought with the trooper. They scuffled down the side of an embankment -- 20 to 25 feet high -- and ended up on the side of I-90 as cars zoomed past.

Devine, who outweighs Acevedo by more than 100 pounds, used pepper spray and drew his handgun but the fighting continued. Acevedo ran across six lanes of highway, with cars screeching to a stop, as the trooper followed. On the other side of the highway Acevedo ran up a hill but was tackled by the trooper. They landed in a ravine, visibly exhausted by the time another trooper arrived to complete the arrest.

Devine suffered cuts and bruises and missed two weeks of work.

Haas told jurors the trooper could easily have been "splattered on the side of I-90."

"This trooper is lucky to be alive," the prosecutor said.

Earlier, defense attorney Mark Mishler told jurors there was no evidence his client planned to sell the drugs found in the car even if they belonged to him. He argued the evidence did not support the trooper suffering a physical injury.

At one point, Mishler told the jurors about their upcoming deliberations, "If you do something wrong, there is no recourse."

Haas objected.

"Absolutely sustained!" Breslin told the defense lawyer. "Please review the evidence, Mr. Mishler." Mishler touched upon the laws at issue in the trial. He also told jurors to "stick to your guns" in deciding the case, prompting another stern rebuke from the bench. Jurors are supposed to keep an open mind before reaching a verdict.

"Review the evidence," Breslin said again. "Please don't get into the law."

"I was at the point of concluding, anyhow," Mishler responded.

In September, Acevedo was charged with enterprise corruption in "Operation Blood Trail," a 170-count attorney general's office case against the Bloods street gang in Albany.

That case is pending as is another drug case Acevedo faces in Albany County.